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Home My WebLink About94-04699 ~ .~ <!) ,I' I, '( -'I I I -j , ,i I " 'I .~ CJ) I' , " '.1 I I ~ 0" (j ...::J T I ) I, ;' I ! I I I i I I I' ,I " I, I rl "J v'l ~ :\i-J, ",. . ~ " v. ,. ;po . .. .,.,.. 0'") - "...." , , ~ '~ " ' ~ ' ., r-" ~. g ""1 . - .,., ....1 ~ . ~ ~ ~ l/I ,+-, +-J '" ;i .... ~ ::i ';j ~ ;: .~ =:Ii! }s 0::. "' . "' .... ,:5 ;:: ~ ...., .... ~ ~~ ij~ Ao :f ~i h ~ . ~ '^ ~~ . ~ ~ ~ ~ 'i :> , .. ~~ . ::i ~ 9 5 ':. U @J ~ ~ 'el ; ~~ I ~~ , . C{)NST~Nc:t[ P. tlRI TNT ~ ~ Arn )RN'!.Y A:r I.AW 1,"-./ (, AVe 25 1994 The mother of the child is Plaintiff, JOANNE E. GEIGER, residing at 106 Forest Drive, Fairview Township, York County, Pennsylvania. She is married to T. Joseph Leach. The father of the child is Defendant, CLIFFORD GEIGER, residing at 368 Sheepbridge Road, York Haven, York County, Pennsylvania. He is unmarried, but believed to be residing with a girlfriend. 5. The relationship of Plaintiff, JOANNE E. GEIGER, to the child is that of mother. 6. The relationship of Plaintiffs, EDWARD J. SHEPTAK and ELSIE L. SHEPTAK, to the child is that of maternal grandparents. 7. The relationship of Defendant, CLIFFORD GEIGER, to the child is that of father. 8. The Plaintiffs have not participated as parties or witnesses, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. Plaintiffs have no information of a custody proceeding concerning the custody of the said child pending in a court of this Commonwealth or in any other jurisdiction. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The Plaintiff, JOANNE E. GEIGER, has had sole custody of the minor child since she and the child's father, Defendant CLIFFORD GEIGER, separated in July, 1988. Between July, 1988, and JUly, 1994, the natural father had almost no contact with the said minor child. The child has also periodically resided with his maternal grandparents, Plaintiffs, EDWARD J. SHEPTAK and ELSIE L. SHEPTAK, pursuant to agreement with Plaintiff, JOANNE E. GEIGER, and enjoys an extremely close and positive relationship with them. The mother, Plaintiff, JOANNE E. GEIGER, is presently voluntarily enrolled in a residential addiction rehabilitation program, which requires that she reside at a facility for a period of approximately 90 days. When the mother entered rehabilitation, the child was placed temporarily in the custody of the paternal grandparents, Herb and Gloria Hoffmeier, until arrangements could be made for him. The paternal grandparents apparently turned the child over to the natural father and his girlfriend, who are essentially strangers to the child and who have refused to allow the mother to see the child at all. Because the child has always been in the care and custody of either his natural mother or his maternal gr~ndparents, the Plaintiffs believe that it is in the best ;a!; - )~ >- ~Ir' -:-r= '.01 ; 01 (,:.. I"',j lJ"1 " "" N f2j , . " . ., 0- '!_....-. ~ ;~! ~ Ul ..., ...., ~ ~ ..... t 'j tj ~ '" . .~ ;j !~] ,.., ~ fO III ..... =:I ~ E s ., !l ..-< ~ ':. p.. ,::S J:;:: ~ ~ ll.~ 1~ ~~~ . ~I U iE :> B . ," ~ :!l ~r H q ~J ~ ~ H 1;; '" ;j ~ :z fO .~ E ~ ~ ~H ~ 0 ~~ U ~ ~ ~ ,..,~ tl . . CONSTANCE P. BRUNT A'rrORNF.Y A'r tAW JOANNI I. OIIOBR, BOWARD J. I IN THB COURT or COMMON PLEAS OF SHBPTAK, dnd BLaII L. I CUMBERLAND COUNTY, PENNSYLVANIA SHBPTAK, I Plaintiff. I CIVIL ACTION - LAW v. I I No. 94-4699 civil Term CLIFFORD OBlCBR, I I Defendant I IN CUSTODY CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that: 1. On August 22, 1994, a Complaint For custody was filed on behalf of Plainti~fa and against Defendant in the above matter. 2. On september 7, 1994, I forwarded, by certified mail, return receipt requested, restricted delivery, a certified copy of the Complaint For Custody together with the Order of Court dated September 1, 1994, to Defendant, CLIFFORD GEIGER, addressed to 316 Sheepbridge Road, York Haven, Pennsylvania 17370-9591, as evidenced by the sender's receipt attached hereto. J. The aforesaid certified copies of the Complaint For Custody and Order of Court, sent to the Defendant, CLIFFORD GEIGER, was delivered on September 9, 1994, as evidenced by the return receipt card signed by the Defendant and attached hereto. . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNE E. GEIGER, EDWARD J. SHEPTAK, and ELSIE L. SHEPTAK, plaintiffs civil Action - Law vs. No. 94-4699 civil Term CLIFFORD GEIGER, Defendant Action in custody BREIF IN SUPPORT OF DEFENDANT'S PRELIMINARY OBJECTIONS ISSUE NO.1: That proper venue for the action is York county, Pennsylvania While it is true that Coleman C. Geiger resided in Cumberland County, pennsylvania, from approximately July 1993, until July 4, 1994, he has resided in York County since July 4, 1994 and, indeed, resided in York county for the four years preceeding July 1993. Also, all parties in this action are York county residents. The issue of the custody of Coleman has never been raised in Cumberland County prior to this action. Due to the fact that Coleman and all parties currently reside in York County and that Coleman has resided in York County for four of the last five years, it is Defendant's position that the matter should be transferred to York county as provided in Pennsylvania Rule of civil Procedure 1915.2(a)2. Therefore, Defendant respectfully requests that the action be transferred to York county, Pennsylvania. ISSUE NO.2: That Edward J. Sheptak and Elsie L. Sheptak should be removed as parties in the within action Plaintiff, Joanne E. Geiger's Complaint for custody includes Edward J. Sheptak and Elsie L. Sheptak as additional plaintiffs. However, the prayer of the Complaint requests that primary custody of Coleman C. Geiger be granted to Joanne E. Geiger. The prayer indicates that Coleman may reside for a period of time with Edward J. Sheptak and Elsie L. Sheptak, but does not ask that any type of custody be granted to Mr. and Mrs. Sheptak. Furthermore, both biological parents are parties in this action, and there is no allegation on the part of Mr. and Mrs. Sheptak that their daughter, Joanne E. Geiger, would prevent them from visiting with Coleman. Mr. and Mrs. Sheptak have no standing to pursue an action for custody. J},r '1:./ ' ~:: I (,.;> F \. . II · I' II II ,I I! , " I ,JOANNE E. GEIGER, BDIIARD J. ,. SHBPTAIt. and BLSIE L. 8HEPTAK. , Plaintiffs DEe 05 199jL vs. ) ) ) ) ) ) ) ) IN THE COURT OF COHHON PLEAS Of CUMBERLAND COUNTY. PENNSYLVANIA NO. 94-4699 CIVIL TBRM CUSTODY CLIFFORD GEIGER. Defendant " , AJlI) 1lOW. this ~ OlDBI ~ day of I}ec.. . . 1994. upon receipt of the I' :'conciliator's report in this ~atter. and in part because of the unusual and cOMplex procedural status of this case, we enter the fOllowing teMporary order for the custody ,of the Minor child. ColeMan C. Geiger. born May 8, 1988: 1. Legal custody and priMary physical custody of the said child shall be with his father, Clifford Geiger. 2. The Maternal grandparents of the child. the Plaintiffs Bdward J. Sheptak and ,Elsie L. Sheptak. shall have the following periods of teMporary or partial custody of the child: A. One weekend every month, frOM Friday at ~:30 p... until Sunday at 7:00 p... Tbe weekend each Month shall be that weekend which COMMences on the third Friday of each ~nth. B. One evening per week trOM 5:00 p... until 8:00 p.M. The parties will select the evening by mutual agreement and, if they do not agree, it will be lIednesday evening. 3. lie enter this order without hearing or disposing of the Defendant's challenge the venue of this case and his challenge to the standing of the Plaintiffs Bdward J. Sheptak and Elsie L. Sheptak to participate in this case, recognizing that the father 1 , I , vishes to purDue those claiMs if the Matter proceeds further. Bach of the parties reserves all of their rights with regard to these and any other procedural or legal claiM. or defenses, and ve vill reviev theM, if necessary, at a subsequent hearing in this aatter. This order is intended only to be te.porary and to atteMpt to aaintain the status quo as it vas represented to exist to the conciliator in this Matter, until such ti.e as the Plaintiffs can retain counsel and all of the parties can decide if they vant to proceed to a hearing in this Matter or not. By the Court, Bdvard J. 8heptak and Blsie L. Sheptak 106 Forest Drive Caap Hill, PA 17011 J. , Joanne E. Geiger 106 Forest Drive Caap Hill, PA 17011 {1c,.-fU"" m"'~(!LC( 1;)""/''''' .AIi', Joel O. Sechrist, Bsquire Attorney for Defendant , : Ii r. 11.1 ':~ 1,1 I' " :1;1 sla :l vs. ) ) ) ) ) ) ) ) IN THE COURT OF COHHON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA NO. 94-4699 CIVIL TBRM CUSTODY JOANNB E. GBIGER, BDWARD J. SHBPTAK. and BLSIE L. SHEPTAK, Plaintiffs I CLIPPORD GEIGBR, Defendant " 'I I I ODD AND NOll, this day of , 1994, upon receipt of the I conciliator's report in this matter, and in part because of the unusual and complex , il Iprocedural status of this case, we enter the fOllowing temporary order for the custody , of the Minor child, Coleman C. Geiger, born Hay 8. 1988: i II I! 1. Legal custody and primary pbysical custody ot the said,cbild sball be witb bis Ilfatber. Clifford Geiger. ,i 3. Tbe Maternal grandparents of the child, tbe Plaintiffs Edward J. Sbeptak and Blsie L. Sheptak, shall have the following periOds of temporary or partial custody of the cbild: " I A. One weekend every montb, from Friday at S:30 p.m. until Sunday at 7:00 p.m. The weekend each Month shall be tbat weekend whicb c~ences on the tbird Friday of eacb month. II B. One evening per week from S:OO p.m. until 8:00 p... The parties will select the evening by mutual agreement and, if they do not agree, it will be WedneSday evening. 3. We enter tbis order without hearing or disposing of the Defendant's challenge the venue of tbis case and bis challenge to the standing of the Plaintiffs Bdward J. Sheptak and Elsie L. Sheptak to participate in this case, recognizing that tbe father 1 ~ I><: Ul ...; r5 'E-< I-Jp.. ~ ..l"';~ f.Ll ~ p..p..<Ii 00:: Ul O..l '>:Ul ..... ...., E-<~ ~ Z .E-< ...; ..... ~ Ul 0><,.., :3: . .... I1l ~~ i:: ~ E-<,... Oo-l ...., '0 ~~ ]~ ':. ~ ~ ~ r58 o ~.~ f.Ll '... <Ii ~ uOu .H III ..... ..l ll.~ 1; u ~Ul .-< . . <Ii Ul iE r>: ~o-l p.. :> ~ 0 ~< ~~ !j 00'" l'lf.Ll ~ 0 z'" H l'l ~:3: ," E-<<I:'" ~'O H 0'( ~ ~o-l"" l'l ~ ~ Z~ ~ ::O~I III l'l 00 1;; ~ ~ ;j 0f.Ll.... . HO:: UQ:l'" ~ . 0 E-<E-< 8 '" ::E I><: ~ 01-< ;::. ~::o . ~...; 0 ::E3 ~ o::u 0 ~!;: ~ E-< Z ~ ~ <f.Ll H Z 00:: d H I-JUl . . . CONS'j'ANCf! p, BRUNT .\rn IRNF.Y Xl' tAIlI' DEe 1 9 1994 c~j/ JOANNE E. GEIGER, EDWARD J. SHEPTAK, and ELSIE L. SHEPTAK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . Plaintiffs CIVIL AC'rION - LAW . . v. . . : No. 94-4699 CIVIL TERM CLIFFORD GEIGER, Defendant IN CUSTODY AND NOW, this RULE TO SHOW CAUSE rq ~ day of ~ , 1994, upon consideration of the Motion For Leave To withdraw As Counsel filed herein and the Joinders executed by plaintiffs, EDHARD J. SHEPTAK and ELSIE L. SHEPTAK, a Rule is hereby issued on Plaintiff, JOANNE E. GEIGER, and Defendant, CLIFFORD GEIGER, to show cause, if any they have, why CONSTANCE P. BRUNT, ESQUIRE, should not be granted leave to withdraw as all Plaintiffs. to counsel of record for ~) fV~ .. ~"lC.e, . J. , . '.;) I, \\t.. .. ," .\.,~;\ , . ''''.j ~ I 1. GEIGER, of representation by CONSTANCE P. BRUNT, ESQUIRE, said counsel respectfully requests this Court to enter an Order granting her leave to withdraw as said Plaintiff's counsel in this matter. 5. Although she does not want CONSTANCE P. BRUNT, ESQUIRE, to represent her further in this matter, Plaintiff, JOANNE E. GEIGER, has not responded to the request that she sign a Joinder concurring in this Motion. 6. Although the interests of all Plaintiffs in this matter were initially identical, it is now apparent that a conflict has arisen between the various Plaintiffs, requiring that CONSTANCE P. BRUNT, ESQUIRE, withdraw from representing any of them in this action. 7. After the development of a conflict of interest between the Plaintiffs was discovered and communic~ted to the Plaintiffs, EDWARD J. SHEPTAK and ELSIE L. SHEPTAK, said Plaintiffs agreed to the withdrawal of CONSTANCE P. BRUNT, ESQUIRE, as their counsel in this matter. 8. Attached is a joinder signed by Plaintiffs, EDWARD J. SHEPTAK and ELSIE L. SHEPTAK, concurring in this motion. 9. To the best of said counsel's knowledge, 2 JOAHNB E. GEIGER, EDWARD J. I IN THE COURT OF COMMON PLBAS or SHlPTAX, and ELSIE L. I ctlMBBRLAND COUNTY, PENNSYLVANIA SHlPl'AX, : Plaintiff. . CIVIL ACTION - LAW . . . v. . . : No. 94-4699 CIVIL TERM CLIrrORD GEIGER, . . Defendant . IN CUSTODY JOINDER We, EDWARD J. SHEPTAK and ELSIE L. SHEPTAK, Plaintiffs in the above-captioned matter, hereby confirm our concurrence in the motion to be filed by CONSTANCE P. BRUNT, ESQUIRE, for leave to withdraw as counsel for all Plaintiffs in the above-captioned matter. DATED: I'!'f/'N <;' . '" \.; ) .......-X ~- ..,... EDWARD J. s~ PTAK, Plaintiff C .. (1./(' ,:, ;.. ~' ,.,' 'A:.! ;;;;/(~, ELSIE L. SHEPTAK,'/Plaintiff ~ ~I~ . I ~ ~ ., ~~ ~ Ul ...., fO p..~8 "-' j =:Ii! JS ':.. "-' .3 ;: I ~ ~ !J '..< ~ p.. :> 'i! ll.~]~ ...< ,..< ~ .. ~~~ r1l . ~ ~ ~~ 11 w ~ :> ," 'H . 11 ii~ ~~ ~ 1;; S ~~ 9 ~ ~ ~~ g .. ;0 t:l tJ 8 ;0. ~ ~ . I ~ U H ~ ~ 1.:; , . , . <:()NSTAN(:I': p, BIUINT "1.nUt,....",'r!\r IA" ' f, ,0 1._ 'j ~ JOAHNI I. GEIGER f lOWARD J. I. IN THB COURT OF COMMON PLBAS OF SHBPTAX, and ELSIE L. I CUMBBRLAND COUNTY, PBNNSYLVANIA SHBPTAX, . . v. Plaintiffs . CIVIL ACTION - LAW . . . CLIFFORD GEIGER, . No. 94-4699 CIVIL TERM . . . Defendant . IN CUSTODY . AND NOW, "'"' RULE ABSOWTE this '" day of , 1995, upon consideration of the attached Motion To Absolute, IT IS HEREBY ORDERED AND DECREED that the Motion For Leave To Withdraw As Counsel is granted, and Constance P. Brunt, Esquire, is granted leave to withdraw her appearance in this matter as counsel of record for Plaintiffs, JOANNE E. GEIGER, EDWARD J. SHEPTAK, and ELSIE L. SHEPTAK. J. ..", r) S~I \~.\ 'I' . \ \ \\'\~ , I ,. JOANNB B. GBIGBR, BDWARD J. . IN THE COURT or COMMON PLEAS OF . SHEPTAK, and ELSIE L. . CUMBERLAND COUNTY, PBNNSYLVANIA . SHEPTAK, : v. Plaintiffs . CIVIL ACTION - LAW . : CLIFFORD GEIGER, . No. 94-4699 CIVIL TERM . : Defendant IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Constance P. Brunt, Esquire, and moves this Honorable Court as follows: l. On December 19, 1994, Constance P. Brunt, Esquire, filed a Motion For Leave To withdraw As Counsel for Plaintiffs, JOANNE E. GEIGER, EDWARD J. SHEPTAK, and ELSIE L. SHEPTAK, in the above-captioned matter. A true and correct copy of the said Motion For Leave To Withdraw As Counsel is attached hereto as Exhibit "A". 2. On December 19, 1994, a Rule To Show Cause was issued by this Honorable Court on all parties to show cause, if any they have, why Plaintiffs' counsel, Constance P. Brunt, Esquire, should not be granted leave to withdraw as their counsel of record in this matter. A true and correct copy of the said Rule To Show Cause is attached hereto as Exhibit "B". 3. True and correct copies of the said Rule To Show Cause were served by first class mail sent to Plaintiff, JOANNE i :IJo JOANNB B. GsIGBR, BOWARD J. I IN "'liS COURT OF COMMON PIoiAS OF SIIBPTAK, and EIBIs L. I CllMBERIAND COllN'I'Y, PENNSYLVANIA SIIEP'l'AK, I Plainti Us I CIVIl. AC'I'ION - lAW I V. . . : No. 94-4699 CIVlI. 'l'ERN CI.IFFORI> GEIGER, : Ilefenctant . IN CllB'I'OIlY . MO/l'ION FOR I.EAVILm.J:/I'l'IUlRAW Aij COlltiWill AND NOW, comes COllSTANCE P. IlRUNT, ESQUIRE, and moves thiti Honorable Court as follows: 1. COllSTAllCE P. IlRUll'r, ESQUIRE, is counsel of record in the above-captioned matter for Plaintiffs, JOAllllE E. GEIGER, EDWARD J. SIIEPTAI< and ELSIE L. SIIEP'l'AI<. 2. On llovember 3, 1994, the Plaintiff, JOANNE E. GEIGER, contacted her said counsel to inform her that she no longer wished for counsel to represent her in any way in connection with the above-captioned pending custody action. 3. To said counsel's knowledge, Plaintiff, JOAllNE E. GEIGER, has not retained other counsel to represent her. 4. Based upon the termination by Plaintiff, JOANNB E. GEIGER, of representation by CONS'I'ANCE P. BRUNT, ESQUIRE, aaid oounael reapectfully requeats this Court to enter an Order granting her leave to withdraw as said Plalntiff'a counsel in this matter. 5. Although ahe dues not want CONSTANCE P. BRUNT, ESQUIRE, to l'epresent her fUl'ther in this matter, Plaintiff, JOANIIE E, GEIGER, has not respomled to the l'equeat that. ahe sign a Joinder concurring in this Motion. 6. Although the intere>ltti of all Plaintiffs in this matter were initially identical, it is now apparent that a conflict has arisen between the various Plaintiffs, requiring that CONSTANCE P. BRlIN'!', ESQUIRE, withdraw from representing any of them in this action. 7. After the development of a conflict of interest between the Plaintiffs was diucovered and communicated to the Plaintiffs, EDWARD J. StlEPTAK and ElSIE L, StlEPTAK, said Plaintiffs agreed to the withdrawal of COllS'I'AllCE P. BRUH'I', ESQUIRE, as their counsel in this mattQr, 8. Attached is a joinder signed by Plaintiffs, EDWARD J. StlEPTAK and ELSIE L. StlEPTAK, concurring in this motion. 9. To the best of said counsel's knowledge, 2 JOANNB B. GBIGBR, BOWARD J. SIIBP1'AK, anll BLaUl I.. SIIBPl'AK, flaintiffa IN 'rilE COURT OF COMON PJ.EAS OF CUMBERlAND COUNTY, PENNSYJNANIA CIVIl. AC1'ION - lAW v. CI.IFt'oRO GI!:IGER, No. 94-4699 CIVIl. 'I'BRM Ilefenllllnt IN CUS'I'OOY ,JOINDl!:R We, EDWARD J. StlEP'l'AK and El.SIE lh StlEP'l'AK, Plaintiffs in the above-captioned matter, hereby confirm our concurrence in the motion to be filed lJy CONSTANCE f. BRUNT, ESQUIRE, for leave to withdraw ae couneel for all Plaintiffs in the above-captioned matter. DAT~DI II/,I/i'l ~. ,,'~~ 1.,._-,. ~ EDWARD J. Sll ( .- ~- ( , " J I .(/ _<:; ,I EI.SIE I.. SIIEPTAK, I'Plaintitf In ~J ) /. , , ") , , , ' :1' " , ~i~ . ~ ~ ~I ~ ". Ul ::i ..... ...., ;:. ~p..~ IJ ... t =:I ~ ~ S '"< "- ..... ...., ~ Q.;::S "';: .. i~i ,~ z . H ~ ~ ~ C .~ III :> ... ~ ~. ,,0. " ,.., ~ ~ .. e.' 0. ~~ p.. . ~ ~! E" '0 ~ ~ ~ :.'i ~] c ~~~ t3 r.: '< "" ~ '" '" " :z ;c w ~ ;:: i~ 0 s~ u " < ~ d .- -- .- - ,- C' " -...,- '.. CONSTAr!'lCJ:! P. BRUNT "~IA'" -.s - JOANNE B. GEIGER, EDWARD J. SHBPTAX, and ELSIE L. SHBPl'AX, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 94-4699 civil Term , I ,I v. cLIrroRD GEIGER, , I Defendant IN CUSTODY , I ~ \ " , I ~"\I "1' ,I.\'.f PRAECIPE I" Pursuant to the RUle Absolute entered in the above matter on January l6, 1995, please withdraw the appearance of CONSTANCE P. BRUNT, ESQUIRE, as counsel for Plaintiffs, JOANNE E. GEIGER, EDWARD J. SHEPTAK and ELSIE L. SHEPTAK. , " ,'(, I;.' DATE: 1/1C/1(- Respectfully submitted, ~':' /4 t/f, ~,~ .' 'Z-:'7 , ' - CONSTANCE P. BRUNT, ESQUIRE 390l North Front street HarriSburg, Pennsylvania 17110 (717) 232-7200 Attorney for Plaintiffs " , , ,. I " I,;